Determining Fault in A Rear-End Accident: 8 Factors that Really Make a Difference

Fault in A Rear-End Accident

When a car is rear-ended, no one is ready to admit fault in most cases. Finding out who was at fault can certainly be a challenge but not an impossible one. Once you know the factors that contribute to determining fault, you can get closer to finding the reality.

While it is usually determined that the driver of the vehicle in the rear must be at fault, making the final call is not as simple. 

If you are not sure who was at fault in a rear-end accident you or a loved one faced, here are some of the most important factors to consider while making up your mind.

  1. Know the Law

Before you start assuming who was at fault, educating yourself regarding the local laws is very important. Although most of the rules of the road are similar for the purpose of uniformity, there still are some differences that must be considered. 

Every state has different traffic codes and rules on the road. Hence, you must ensure that you study these laws to understand where you stand. You can look into specific details such as the ideal following distances and other driving practices.

In most cases, the fault lies within either of the drivers failing to follow a distance or speed protocol. Knowing these details can help you determine whether pursuing legal action is a wise move for you.

  1. Look for Evidence

Being rear-ended can feel very overwhelming. It can take a moment for you to gather your thoughts. Take your time before you step out of your vehicle and look for evidence that can help you determine fault in the given situation. 

For example, the drivers who try to stop as they get too close to the rear end of your vehicle will certainly leave skid marks on the road. This shows that they tried to stop their car. While the presence of skid marks on the road is a sign of their effort, its absence indicates that they did not even try to prevent the accident.

You must take pictures and videos of the road if there are no skid marks. This crucial piece of evidence can be very helpful for people seeking compensation for their losses in similar situations.

  1. Ask the Witnesses

If you have been rear-ended on a busy road, you can consider yourself lucky in one aspect. Being involved in such a horrible accident on a busy road means that you will have many witnesses corroborate your accounts of the accidents.

After ensuring that you and others in the car are safe after the impact, make sure that you ask these witnesses to provide their contact information. You can get in touch with them if you want accounts corroborated or the views of other drivers to be challenged.

  1. Ask a Car Expert

Another way for you to determine fault in case of being rear-ended by another driver is to ask an expert for an opinion. A car expert can assess the extent of damage on your car to reconstruct the sequence of events and unfold the reality.

Learning about the extent and location of damage on your car can help unveil the reality of the event. This way, the guidance of an expert can help you significantly in finding compensation for your losses by determining fault.

  1. Contact a Car Accident Lawyer

If you are considering suing the rear driver for your loss, having an expert specialist car accident lawyer by your side can be a great way to achieve your goals. A car accident lawyer can help you determine who was at fault based on their years of experience and expertise.

A professional car accident lawyer will not give you any false hopes. You can rely on them to tell you the maximum value of your case and whether it is worth pursuing or not. Seeing the chances of winning the settlement can help you make up your mind about pursuing the matter or leaving it alone.

  1. Consider the Circumstances

Rear-end accidents are not always caused by the ill intentions of drivers. These accidents can also rely on different circumstances, such as the road or weather circumstances. You must determine these factors while determining fault.

Just as poor road conditions can lead to unfortunate accidents, well-maintained roads reduce the chances of such unfortunate events. If the roads look fine and the weather does not seem too rough, the fault usually lies with the rear driver.

  1. Look for Phone Records

Being distracted is one of the biggest reasons people are involved in road accidents. If you suspect that the next person was on the phone while driving, you do not have to hold back from requesting the cell phone records of the other driver.

The cellphone records can reveal whether the next person was texting or calling at the time they impacted your car. This bit of information can be very crucial in determining fault and maximizing compensation for your loss.

  1. Look for Surveillance Footage

Determining fault can be made a lot easier when you and the other drivers have dash cams in their cars. These recording devices have done wonders in helping people determine fault after unfortunate rear-end car accidents. While having dashcams can be great, things do not come to a dead end if you do not have this facility.

You can look for security cameras in the area and ask them for the surveillance footage. Security cameras catch an objective point of view of the accident and tell you all you need to know about the distance, speed, and driver’s response. Footage of the event can make fault determination easy to figure out.

Final Words

Every factor stated above plays a crucial role in determining fault when it comes to rear-end accidents. While these factors make this very clear for you, leveraging the help of a professional can always lead to better outcomes than heading on this journey all by yourself.

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